Judge grants motion to make nonsurgical abortion ruling final


IL for www.theindianalawyer.com

A federal judge has granted the state and plaintiff’s joint motion to make final her December ruling that a 2013 law regarding nonsurgical abortion clinics violates the Equal Protection Clause.

The attorney general’s office and Planned Parenthood of Indiana and Kentucky filed the motion Tuesday asking Judge Jane Magnus-Stinson of the U.S. District Court for the Southern District of Indiana to finalize her Dec. 3 ruling granting partial summary judgment in favor of Planned Parenthood.

The judge did not rule on the plaintiff’s due process claim nor did she issue a final judgment, which Indiana Attorney General Greg Zoeller said prevented the state from appealing.

Magnus-Stinson entered her final judgment and permanent injunction Wednesday in favor of Planned Parenthood, opening the door for the state to appeal if it chooses to do so. The attorney general’s office said Wednesday no decision had been made regarding an appeal.